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(영문) 광주지방법원 순천지원 2019.07.05 2019고단817
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car BNSG70.

On March 25, 2019, the Defendant, while under the influence of alcohol around 0.098% of blood alcohol concentration on March 25, 2019, driven a NAS car and driven a three-lane road in front of the metropolitan market in lightyang city, along the two-lane distance from the middle terminal distance to the view distance of 84km.

Since a crosswalk is installed on the front side and the speed of restriction is 50 km a speed, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a limited speed and has a good mind to check whether he/she is a person, and to drive the motor vehicle safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving at a speed exceeding 34 km per hour, and the Defendant got the victim D (the age of 49) and E (the age of 46) who crossed the road to the port from the right side of the direction of the Defendant’s driving.

Ultimately, at around 02:37 the following day, the Defendant caused the victim D's occupational negligence to death in large quantity at the Jeonnam University Hospital located in 42, Dong-gu, Gwangju-gu, Gwangju-gu, and suffered injury, such as dubation, which requires approximately eight weeks medical treatment, to the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the results of the crackdown on drinking driving, report on the results of crackdown on drinking driving, report on the situation of drinking drivers, traffic investigation EDR analysis, investigation report (the speed immediately before the driver's vehicle accident), investigation report (the victim's E telephone statement);

1. A death certificate and a medical certificate;

1. Application of traffic accident evidence, photographs, video CDs-related Acts and subordinate statutes;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3(1), the proviso of Article 3(2)3 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts, and the Gu.

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